To amend title 23, United States Code, with respect to vehicle
weight limitations applicable to the Interstate System, and for other
purposes.

IN THE SENATE OF THE UNITED STATES

April 6 (legislative day, April 5), 2011

Mr. CRAPO (for himself, Mr. KOHL, Ms. COLLINS, and Mr. PORTMAN) introduced
the following bill; which was read twice and referred to the Committee
on Finance

A BILL

To amend title 23, United States Code, with respect to vehicle
weight limitations applicable to the Interstate System, and for other
purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Safe and Efficient Transportation Act
of 2011'.

SEC. 2. MODERNIZED WEIGHT LIMITATIONS FOR CERTAIN VEHICLES.

Section 127 of title 23, United States Code, is amended by adding at
the end the following:

`(i) Additional Exception to Weight Requirements-

`(1) IN GENERAL- Notwithstanding subsection (a), a State may authorize
a vehicle with a maximum gross weight, including all enforcement tolerances,
that exceeds the maximum gross weight otherwise applicable under subsection
(a) to operate on the Interstate System routes in the State, if--

`(A) the vehicle is equipped with at least 6 axles;

`(B) the weight of any single axle on a vehicle does not exceed
20,000 pounds, including enforcement tolerances;

`(C) the weight of any tandem axle on a vehicle does not exceed
34,000 pounds, including enforcement tolerances;

`(D) the weight of any group of 3 or more axles on a vehicle does
not exceed 51,000 pounds, including enforcement tolerances; and

`(E) the gross weight of the vehicle does not exceed 97,000 pounds,
including enforcement tolerances.

`(2) SPECIAL RULES-

`(A) SPECIAL EXCEPTION FOR CERTAIN STATES- This subsection shall
not apply to any vehicle exceeding the maximum gross weight requirements
under subsection (a) which could have operated lawfully within a
State before the date of the enactment of this subsection or otherwise
restrict a vehicle that may lawfully operate under another provision
of this section.

`(B) INCREASE IN AXLE WEIGHT REQUIREMENT- A State may authorize
a vehicle to exceed the maximum axle weight requirements under any
one axle grouping in subparagraph (B), (C), or (D) of paragraph
(1) by not more than 2,000 pounds.

`(3) APPROVAL BY STATE LEGISLATURE- Any State seeking to authorize
a vehicle to operate on the Interstate System routes within its boundaries
under paragraph (1) or to increase the maximum axle weight requirements
under paragraph (2) shall do so pursuant to authority provided by
State by statute.

`(4) REPORTING REQUIREMENTS-

`(A) ANNUAL REPORT- If a State authorizes vehicles described in
paragraph (1) to operate on highway routes in the State in a fiscal
year, the State shall submit to the Secretary for the fiscal year
an annual report at such time, in such manner, and containing such
information as the Secretary may require, including, at a minimum,
the following:

`(i) An identification of highway routes in the State, including
routes not on the Interstate System, on which the State authorizes
vehicles described in paragraph (1) to operate.

`(ii) A description of the operating requirements and gross vehicle
weight limits applicable to the vehicles described in paragraph
(1).

`(iii) Safety statistics, including vehicle miles traveled data,
concerning the vehicles described in paragraph (1).

`(B) 5-year ASSESSMENTS- Following the 5th fiscal year in which
a State authorizes vehicle operations described in paragraph (1),
and following each 5th fiscal year thereafter, the State shall include
in the State's annual report under subparagraph (A) an assessment,
developed by the Secretary under regulation, of the impacts that
vehicles described in paragraph (1) have had on pavement and bridge
maintenance costs incurred by the State in the preceding 5 fiscal
years.

`(C) PUBLIC AVAILABILITY- The Secretary shall make all information
required under subparagraph (A) and (B) available to the public.

`(5) TERMINATION- The Secretary may terminate the operation of vehicles
authorized under this subsection on a specific route if the Secretary
determines that such operation poses an unreasonable safety risk based
on an engineering analysis or an analysis of safety data or any other
applicable data the Secretary may use.

`(6) WAIVER OF HIGHWAY FUNDING REDUCTION- Notwithstanding subsection
(a), the total amount of funds apportioned to each State under section
104(b)(1) for any period may not be reduced under subsection (a) if
the State authorizes a vehicle described in paragraph (1) to operate
on the Interstate System in the State in accordance with this subsection
or subsection (j).

`(j) Vehicles Lawfully Operating on December 1, 2010- In addition to
authority otherwise provided to a State under this section, a State
may permit a vehicle with a gross vehicle weight which could have lawfully
operated on the Interstate System in the State on December 1, 2010,
to operate on the Interstate System in that State upon enactment of
this subsection.'.

`(a) Establishment- The Secretary shall establish a safe and efficient
vehicle bridge infrastructure improvement program in accordance with
this section.

`(b) Apportionment of Funds to Eligible States-

`(1) IN GENERAL- On October 1 of each fiscal year, the Secretary shall
apportion, in accordance with paragraph (2), the sums made available
out of the Safe and Efficient Vehicle Trust Fund for that fiscal year
to carry out this section.

`(2) RATIO TO ELIGIBLE STATES- The sums made available out of the
Safe and Efficient Vehicle Trust Fund shall be apportioned among eligible
States in a ratio that--

`(A) the total vehicle miles traveled on Interstate System highways
by vehicles authorized to travel on such highways pursuant to section
127(i) in each eligible State, as determined by the Secretary; bears
to

`(B) the total vehicle miles traveled on Interstate System highways
by vehicles authorized to travel on such highways pursuant to section
127(i) in all eligible States, as determined by the Secretary.

`(c) Eligible Projects- An eligible State that receives an apportionment
in a fiscal year under subsection (b) shall use the amounts of the apportionment
for projects eligible for assistance under section 144 for bridges determined
to be eligible for replacement or rehabilitation under subsection (b)
or (c) of such section.

`(d) Contract Authority- Funds made available out of the Safe and Efficient
Vehicle Trust Fund to carry out this section shall be available for
obligation in the same manner as if the funds were made available from
the Highway Trust Fund (other than the Mass Transit Account).

`(e) Eligible State Defined- In this section the term `eligible State'
means a State that authorizes a vehicle described in section 127(i)
to operate on the Interstate System within its borders.'.

(b) Clerical Amendment- The table of sections of chapter 1 of title
23, United States Code, is amended by adding at the end the following:

SEC. 4. SAFE AND EFFICIENT VEHICLE CHARGES.

(a) In General- Subsection (a) of section 4481 of the Internal Revenue
Code of 1986 is amended by adding at the end the following:

`In the case of the use of any highway motor vehicle described in section
127(i) of title 23, United States Code, in lieu of the rate in the table,
the rate shall be equal to the lesser of--

`(1) $100 per year, plus $22 for each 1,000 pounds (or fraction thereof)
in excess of 55,000 pounds, or

`(2) $800 per year.'.

(b) Effective Date- The amendment made by this section shall apply to
taxable periods beginning after the date of the enactment of this Act.

SEC. 5. SAFE AND EFFICIENT VEHICLE TRUST FUND.

(a) In General- Subchapter A of chapter 98 of the Internal Revenue Code
of 1986 (relating to the trust fund code) is amended by adding at the
end the following new section:

`SEC. 9512. SAFE AND EFFICIENT VEHICLE TRUST FUND.

`(a) Creation of Fund- There is hereby established in the Treasury of
the United States a fund to be known as the `Safe and Efficient Vehicle
Trust Fund', consisting of such amounts as may be--

`(1) appropriated to the Safe and Efficient Vehicle Trust Fund as
provided in this section, or

`(2) credited to the Safe and Efficient Vehicle Trust Fund as provided
in section 9602(b).

`(b) Transfer to Safe and Efficient Vehicle Trust Fund of Amounts Equivalent
to Certain Taxes- There are hereby appropriated to the Safe and Efficient
Vehicle Trust Fund amounts equivalent to the taxes received in the Treasury
under section 4481(a) which are attributable to the use of any highway
motor vehicle described in section 127(i) of title 23, United States
Code.

`(c) Expenditures From Safe and Efficient Vehicle Trust Fund- Amounts
in the Safe and Efficient Vehicle Trust Fund shall be available, as
provided by appropriations Acts, for fiscal years beginning 1 year after
the date of the enactment of this Act for projects eligible for assistance
under section 144 of title 23, United States Code.'.

(b) Conforming Amendments-

(1) Paragraph (1) of section 9503(b) of such Code is amended by striking
the period at the end and inserting `, and taxes received under section
4481 shall be determined without regard to those received in the Treasury
under section 4481(a) which are attributable to the use of any highway
motor vehicle described in section 127(i) of title 23, United States
Code.'.

(2) The table of sections for subchapter A of chapter 98 of such Code
is amended by adding at the end the following:

`Sec. 9512. Safe and Efficient Vehicle Trust Fund.'.

(c) Effective Date- The amendments made by this section shall take effect
on the date of the enactment of this Act.